Prosecutor v Benson Mputhia, Consolata Njeri Kariuki, Martin Msamalia Wanyama, Nicholas Sang Cheruiyot, Lilian Cherono Chemuna & James Mwaniki [2021] KEHC 4192 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL CASEE061 OF 2021

PROSECUTOR....................................................REPUBLIC

VERSUS

BENSON MPUTHIA.......................................1ST ACCUSED

CONSOLATA NJERI KARIUKI................... 2ND ACCUSED

MARTIN MSAMALIA WANYAMA..............3RD ACCUSED

NICHOLAS SANG CHERUIYOT...............4TH ACCUSED

LILIAN CHERONO CHEMUNA .................5THACCUSED

JAMES MWANIKI ....................................... 6TH ACCUSED

RULING

This matter came up for plea on 31. 8.2021, when same was adjourned after the accuseds asked for time to hire advocates arrangements were made and they were given advocates by the state. They have re-appointed the same advocates who left the case for lack of instructions. Whereas this is in order, it is strange that the advocates now are arguing against the taking of plea, whereas the ones who have been discharged had full briefs to proceed.

It is noted that the application before the Constitutional court was dismissed yesterday.

This matter is fixed for plea today. It is obvious accuseds have filed an application challenging same. I personally see no prejudice the accuses shall suffer should plea be taken. Their application, which has not been served on some could still be heard and orders issued on same. I order that plea be taken as fixed.

D. O. OGEMBO

JUDGE

2. 9.2021.